Division of property after divorce: sample application

If a divorcing couple cannot reach a peaceful resolution to the issue regarding the division of jointly acquired property after a divorce, then they have no choice but to file a corresponding application with the court.

As a rule, disagreements arise when one of the spouses considers himself entitled to receive a larger share than the half of the property required by law. Also, a bone of contention can be any property that both sides want to possess equally, for which they are ready to fight in court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Before filing a claim in court, according to which one of the spouses claims a share in the joint property, he should realistically assess his chances. To do this, it is necessary to draw up a clear action plan, a list of property, time of acquisition and what exactly of this property would like to be sued.

How is the joint property of former spouses divided during a divorce?

Property subject to division

Article 34 of the RF IC clearly designates all property acquired by a couple during marriage as joint property . This includes:

• securities,
• deposits,
• shares of companies,
• income received as a result of work activity,
• movable and immovable property.

At the same time, the law is not interested in who they are registered to . This rule applies even when one of the spouses did not work during the entire marriage and had no income.

Property not subject to division

However, according to Article 36 of the RF IC , there is a category of things that can be classified as the personal property of a particular person and cannot be divided:

• gifted under an agreement to one of the spouses;
• legally inherited by either spouse;
• items for personal use, excluding jewelry and other attributes of luxurious life;
• the fruits of the intellectual labor of one of the spouses.

When they were purchased and with whose funds does not matter.

All property that one of the couple acquired before marriage , even if these items were used jointly in the household.

Items that were purchased for children are also not the subject of consideration in the case of division of property between divorced spouses. This rule also applies to money in bank accounts registered in the name of children. The children's things will remain with the spouse with whom the child will live after the parents' divorce is completed.

How to determine the value of property

The price of the claim is calculated based on the value of the property, so an assessment of the objects must be carried out, on the basis of which the amount of the state duty . The same assessment serves as the basis for determining the shares that will go to each of the spouses, or for fair monetary compensation in the case where the court has established such a division order.

Real estate is assessed through an inventory assessment, which is contained in the BTI documents. Land plots are assessed on the basis of Rosreestr documents at cadastral value .

Real estate is valued at market value in cases where there is no information on cadastral or inventory value. The amount of the state duty in this case turns out to be many times larger, so it is better to rely on the estimate obtained by inventory or from the cadastre.

The valuation of movable property that is not of particular value is carried out by the plaintiff at his own discretion , based on the original price, as well as wear and tear during use.

The assessment will receive special weight in court if it is carried out with the involvement of a company specializing in such activities. Based on the results of the activities carried out by the appraisal company, a report is drawn up that can be supplemented with the claim documents.

Key points when filing a claim

Statute of limitations

Important! The longer the property is not divided after the divorce, the less chance there is of winning the court and getting your share!

People who are in no hurry to divide property after a divorce may have different reasons for this. Some cannot come to an agreement with each other, others are making efforts to restore the family. According to Article 38 of the RF IC, an application for division of property should be submitted:

• when the fact of divorce is registered;
• during the divorce process;
• before divorce proceedings begin.

Spouses who are already divorced and intend to file a claim for separation must take into account the statute of limitations. more than three years have passed since the completion of the divorce process , then the court has the right to refuse the plaintiff to satisfy his claims. Nevertheless, it is quite possible to defend one’s interests in this situation.

The countdown begins from the minute when the fact of divorce was officially registered. After receiving the papers confirming the divorce, within three years you can file a lawsuit aimed at dividing the property.

However, the court may take into account the moment when the right to use common property was violated for one of the married couple. If the plaintiff can prove this fact, then this particular moment will be taken as the starting point for calculating the statute of limitations . In this case, the claim can be filed even after three years have passed from the date of divorce.

Where to file a claim regarding the division of property

The one of the married couple who decided to initiate legal proceedings for the division of property following a divorce must submit a statement of claim to the court at the place of residence of the other spouse. If the disputed item is a real estate property, then the claim is filed at the place of its immediate location .

• If the spouses’ real estate is located far from each other, then the statement of claim is filed at one of the addresses of the plaintiff’s choice .
• If, simultaneously with a request for division of acquired property, the application also contains a request for alimony or a demand for divorce, then the application can be submitted at your own discretion, for example, at the address of actual residence.
• To correctly draw up a statement of claim, we recommend watching the video:

Procedure for filing a claim

The statement of claim, prepared in accordance with all the rules, is submitted to the magistrate (district) court serving the address where the defendant lives, or at the address of the location of the property, which is the only subject of dispute in the division process. Before that, the state duty in accordance with the established procedure.

Read how to calculate the state duty yourself here.

1. It is necessary to add to the annex to the claim a copy of it , which will be handed to the defendant, a copy of the marriage registration certificate, documents confirming the fact of divorce, documentation of the disputed property and real estate .
2. You should also attach a court decision on divorce proceedings in the case where the date of divorce plays a fundamental role and is contained in the corresponding decision.
3. Download the claim form for division of property here.

The application is similar in form to a similar divorce document. In the header (top right) it is required to indicate the name of the judicial authority, first and last name, as well as patronymic and place of actual residence of the plaintiff, the same data of the defendant and the full value of the divisible property.

The application itself contains the following information:

1. about the date of marriage registration;
2. on the date of dissolution or filing a claim for divorce;
3. about the stage at which the divorce process is;
4. about the fact that the division of property was not previously initiated by the parties, there is no agreement in this regard, and there is no possibility of reaching an agreement on their own;
5. list and cost of objects in dispute that are planned to be divided;
6. requirement to divide property into equal shares with reference to the relevant article of the law;
7. justification for the fairness of the request for the possibility of division in unequal shares;
8. a list of property indicating the value, the ownership of which is disputed by the plaintiff, and the reasons for his interest in these particular objects of dispute;
9. a list indicating the value of jointly acquired assets, which, according to the results of the court, must go to the defendant with justification;
10. the amount of compensation for the excess in someone's favor of the value of his share over the value of the other spouse's part;
11. list of documents in the attachment, date, signature.

What documents are needed to submit an application?

required to be presented:

• marriage certificate;
• a copy of the registration record confirming the fact of the conclusion of the marriage union in the event of a divorce;
• divorce certificate (corresponding court order);
• documentation for the property mentioned in the statement of claim;
• act on the assessment of property by an independent organization (if available);
• receipt for payment of state duty;
• other documents requested by the court.

Counterclaim for division of property

Grounds for counterclaim

• The presence of factors that incline the court to decide on the division of property in unequal shares. The court may recognize as such circumstances the terms of a marriage contract , if it was concluded earlier, the interests of a child who has not reached the age of majority, and other reasons.
• The presence in the statement of claim of property acquired with funds received from the sale of any things acquired by either spouse before marriage .
• The presence in the list of the plaintiff's demands of items for personal use or inherited .
• Absence in the initial list of requirements of information about an outstanding loan , which was taken out in the interests of the family, and the burden of which can be distributed equally between the spouses after the division of property.

The fairness of all these grounds will need to be proven in court by presenting various contracts, checks, receipts, witness statements and any other arguments that can convince the court.

Procedure and deadlines for filing a counterclaim

The counterclaim is sent to the same court where the original application was filed .

Important! You need to have time to submit this kind of statement before the time when the consideration of the original claim is completed!

• Before submitting the application to the court, you must pay a state fee in the amount calculated based on the price of the claim.
• We invite you to download the counterclaim form for division of property.
• mandatory to fill out a heading indicating the name of the judicial authority, the details of the applicant, as well as the defendant, and the total value of the disputed property. In addition, you must enter the following information:

• duration of marriage by time;
• a list of property submitted for division, its value and time of acquisition;
• the location of this property;
• the party bearing the costs of maintaining the property;
• the person carrying out the operation;
• counter nature of the statement.

It is also required to attach documents confirming the information contained in the application . If there are no such documents, then an independent examination is carried out with the involvement of specialized organizations. Based on this, the claim price is calculated.

Source: https://2supruga.ru/razvod/razdel-imushestva/obrazec-iskovogo-zayavleniya.html

Statement of claim for division of property after divorce (sample) 2022

Home » Division of property » Statement of claim for division of property after divorce

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In the vast majority of cases, along with the divorce, married couples are faced with the problem of dividing jointly acquired property. It’s good if the former spouses can find the strength to carry out the division without scandals and mutual reproaches, having resolved all the nuances of the division through a voluntary agreement, or simply by agreeing on who will get what after the divorce.

But such a peaceful resolution of the partition problem does not always happen. Often, spouses initially somehow try to resolve the issue without trial, but, more often than not, after some time they understand that trial is inevitable.

Read also: Restriction of parental rights: grounds, judicial practice, download the statement of claim

Procedure for filing a claim

So you've ended your marriage. Initially, there was an agreement - to whom and what will be transferred from the joint property, but your ex-other half is not going to fulfill any of your past agreements, a court decision remains. What algorithm of actions should you follow?

1. First of all, it is necessary to draw up a legally competent statement of claim.
2. Then you need to prepare all the documents, checks confirming that the property claimed by the plaintiff is joint, that is, it was acquired during marriage.
3. If necessary, the plaintiff must order an independent appraisal of the divisible property. Most often, such an assessment is required if documents confirming the value of a particular property are lost, or if the purchase was made long before the divorce and division and the value of the disputed property may differ significantly from the original one.
4. The next step will be determining the price of the claim and subsequent calculation of the state duty, payment of the state duty.
5. Submitting a claim to a judicial authority.
6. Participation in all court hearings. If the plaintiff involves his legal representative to help, then the participation of the plaintiff himself is not necessary. But the applicant’s representative must have a power of attorney executed in accordance with all the rules.
7. Receipt and subsequent implementation of a court decision.
8. Registration of all changes in ownership of movable (vehicles) or immovable (residential premises, land) property with the State Traffic Safety Inspectorate or Rosreestr authorities, respectively.
9. Enforcement proceedings. This clause is necessary in cases where the defendant does not intend to voluntarily comply with the court decision or delays its execution without good reason.

How to correctly file a claim for division of property after divorce

A statement of claim is essentially a legal document, for the execution of which the law imposes strict requirements. It must be written in legally competent language, not contain grammatical or legal errors, have a structure and a strictly business style of presentation.

• If there are gross errors in the document, the plaintiff violates the form of the claim or its content, the court will not accept the claim for consideration and return it to the plaintiff.
• A claim for the division of joint property after a divorce must have a clear structure.
• The so-called “header” of the document should contain:

• name and details of the judicial authority;
• personal data of the parties to the case;
• claim price.

The following is the heading (Statement of Claim for Division of Joint Property).

Then there should be a statement of the circumstances of the case . Here the plaintiff must indicate:

1. When and where the marriage was concluded, the marriage was subsequently dissolved. In this case, a link to documents confirming the facts of marriage and divorce is required.
2. If there are minor children in the family, information about each of them (last name and initials, date of birth and which parent the child currently lives with).
3. Information about all jointly acquired property. In this paragraph, it is necessary not only to list all joint property, but also to provide a detailed description of it: date of purchase, ownership, cost (with links to title documents). If this is a vehicle, then you must indicate the name, make, model, license plate number, if the property is a postal address, area, etc.
4. Information about attempts at pre-trial settlement, if any. The plaintiff must indicate whether a division agreement was concluded or whether part of the property was divided according to any oral agreements.

The next point will be the motivation for the method and order of the section , namely:

• equality or inequality of shares;
• what property should be transferred to which of the parties;
• the amount of monetary compensation if it is impossible to actually divide the property;
• procedure for sharing property (if necessary),

1. as well as links to specific articles of the Insurance Code and the Civil Code of the Russian Federation that justify this division procedure.
2. Further, after the word “please” there should be claims .
3. In the last paragraph of the claim, the applicant places a numbered list of all documents attached to the document.
4. This is followed by the date and signature of the plaintiff .

Sample statement of claim for division of property after divorce 2022

Sample statement of claim for division after divorce

The text of the statement of claim must necessarily contain the following information:

• date of marriage registration;
• the date of its termination;
• information that no agreement on the division of property was drawn up, there is no opportunity to independently solve the problem with the division, since the defendant is preventing this;
• a list of all property subject to division, indicating its value;
• request to divide all property in equal shares or justify the division in unequal shares;
• a list of the property claimed by the applicant, indicating the reasons why the plaintiff is interested in this particular property;
• a list of the property that, in the opinion of the applicant, should go to the defendant:
• the amount of monetary compensation in case of excess of the share of either party, subject to division in equal shares.

This is an approximate sample of a statement of claim; in each specific case, some additional items may be added or unnecessary items may be removed. At the stage of drawing up a claim, it is advisable to contact an experienced lawyer who will help draw up a document in relation to a specific situation.

Attached documents

A certain package of documents must be attached to the statement of claim; in each specific case, different papers will be required, but there are those that are required to be presented in any case, these are:

1. A copy of the registration record from the registry office stating that the marriage between the plaintiff and the defendant was concluded, when and where it happened. As you know, upon divorce, the certificate of registration is withdrawn, so the plaintiff will be able to confirm that the marriage previously took place only with this document.
2. Copies of identification documents of the parties to the process.
3. Certificate of divorce.
4. All title documents for joint ownership.
5. If necessary, an independent expert report on property valuation.
6. Receipt for payment of state duty.

In addition to the above, the court may request an additional package of documents, namely:

1. Birth certificates of all minor children or adult incapacitated family members.
2. Certificate of family composition.
3. Additional technical, cadastral, permitting or other documents for property.

Photocopies of all required documents are attached to the statement of claim, and in as many copies as there are parties involved in the court, at least three copies: for the court, the plaintiff and the defendant in the case. But in court, already during the proceedings, the plaintiff must have with him the originals of all documents attached to the claim.

Important. Unlike other attached documents, the receipt for payment of the state duty must be attached in the original, otherwise the court will not accept the application for consideration.

In order to calculate the state duty, you need to know the full value of the property to be divided and the cost of the claim.

The value of the claim is the value of that part of the joint property that the plaintiff demands to be transferred to his ownership.

The state duty is calculated according to a certain formula (see Table 1) and depends on the price of the claim, while the amount of the state duty cannot be lower than 400 rubles or higher than 60,000 rubles.

Table 1. Calculation of state duty when dividing joint property through the court

Cost of property, rub. Deduction from the amount, rub. Constant, rub. State duty (percentage of the value of the property, %) Limit of state duty, rub. Up to 20,000 — — 4 Not less than 400 20,001—100,000 20,000 800 3 — 100,001—200,000 100,000 3,200 2 — 200,001—1,000,000 200,000 5,200 1 — Over 1,000 000 1,000,000 13,200 0.5 Not more than 60,000

It is desirable that the value of the property for calculating the state duty be as close as possible to the real price of the property being divided, naturally taking into account its wear and tear and actual condition. Independent appraisers can be hired to determine the actual value of joint property.

However, if real estate or other valuable property, such as antiques, is divided, the market value of the property may increase significantly, and therefore the state duty will also increase.

In this case, you can use the inventory or cadastral value of the residential premises for the price of the claim.

But this rule applies only in cases where there is no real risk of unfair division.

For example, the inventory value of an apartment is one and a half million rubles, and during an independent assessment it increased to five million.

In this case, an expensive car worth 1.2 million rubles and antique furniture worth 300 thousand rubles are also subject to division.

The plaintiff demands that the property be divided as follows: the apartment is transferred to the plaintiff, and the defendant, since she has other housing, is given a car and furniture.

In this case, with the declared cadastral value of the apartment being one and a half million, the court will divide the joint property in accordance with the plaintiff’s request without any monetary compensation.

If the cost of the residential premises is determined according to an independent assessment and amounts to five million, the plaintiff will have to additionally pay the defendant half of the difference in the value of the property allocated to each opponent.

You can pay the state fee at any branch of any bank, as well as through online banking. In this case, the printed receipt must be certified at the bank branch with the seal and signature of an official.

As mentioned above, the original receipt for payment of the state duty must be attached to the claim.

Which court to file an application for division of property after divorce

When filing a claim for division of joint property, jurisdiction must be observed. If the value of the claim is less than 50 thousand rubles, then the application is submitted to the magistrate court, if more, then to the district court at the place of residence of the defendant.

This rule applies only in cases where there is no real estate during division; if the claim involves any real estate (house, apartment, land), then the claim is filed in the district court at the location of the property.

There are situations when several real estate properties located in different localities are divided; in such cases, the plaintiff files a statement of claim at the location of any of the real estate objects of his choice.

Consideration of a claim for division of property after divorce and execution of a court decision

If the applicant was able to comply with all the above requirements and correctly drafted the claim, attaching the entire package of documents to it, and paid the state fee, then the court will accept the claim for consideration and set a date for trial. Usually, if no modifications are required, the court hearing is scheduled a month after the court accepts the statement of claim.

When considering a claim in court, a number of different nuances are possible.

1. If, even before the dissolution of the marriage, the spouses stopped running a joint household and during this period one of them made some expensive purchases, then the court may recognize these purchases as personal property, but only on the condition that this person can prove the fact that the property he purchased is not joint. This may include witness statements, registration at a new place of residence, receipts for payment of housing and communal services at an address different from the place of residence of the other spouse.
2. The defendant may file a counterclaim. In this claim, he can add to the division other joint property that the plaintiff forgot or did not want to include in the statement of claim. If the former spouses had joint debts, he may demand their division. Also, the defendant may petition the court to deviate from equality of shares for various reasons (presence of minor children living with the defendant, antisocial behavior of the plaintiff during the marriage, etc.).

Read also: Alimony from a foreign citizen: how to collect it in Russia

If neither of the parties challenged the court decision by appeal, then it comes into force one month after the verdict of the judicial authority.

After the court decision comes into force, each party must execute the verdict voluntarily; if one of the parties fails to comply with this decision, the injured party may contact the bailiff service with an application to initiate enforcement proceedings. In this case, the court decision will be enforced.

How will the trial end, what decision will the judge make in this or that case? An ordinary citizen ignorant of jurisprudence is unlikely to be able to answer this question. Another thing is an experienced lawyer; already during the preparation of a statement of claim, he can roughly predict the outcome of a particular proceeding, tell his client whether there is a prospect for this or that claim, who needs to be taken, what evidence to have in order to win the trial. In addition, he will help draw up a statement of claim,, if necessary, represent the interests of the principal in court, and if necessary, help to appeal the court decision to a higher authority.

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Source: https://ros-nasledstvo.ru/iskovoe-zayavlenie-o-razdele-imushhestva-posle-razvoda/

Statement of claim for division of jointly acquired property of spouses 2022—claim for division of property after divorce (sample)

The division of jointly acquired property of spouses is possible in two ways:

1. Voluntarily, by concluding a notarial agreement;
2. Based on a court decision after filing a corresponding claim with the court.

Either spouse has the right to file a claim, and the claim itself can be filed both after a divorce and at any time during the spouses’ cohabitation.

A claim for division of common property can be simultaneously combined with claims for divorce. In this case, the application will indicate several demands at once, which will be considered by the court simultaneously. Lawyers do not advise doing this, since divorce through the court is a fairly quick procedure, but the division of property can drag on for months.

Is it possible to file an application for division of property before a divorce?

The law expressly provides for the possibility of spouses to declare the division of property both during a divorce and after it.

Moreover, in the presence of a number of circumstances (for example, when creditors have claims against one of the spouses), the division of property can be carried out during marriage.

Also, the division of acquired assets before a divorce is possible even when the second spouse creates obstacles in the use and disposal of joint property or is wasteful with assets acquired during the marriage.

The procedure for dividing property before a divorce is similar to the procedure for dividing it both during the dissolution of a marriage and after it.

When is a claim filed?

The law does not provide clear deadlines for filing a claim for division of property.
Spouses may demand division:

• Before the divorce;
• During a divorce;
• After divorce within the limitation period.

The limitation period for this category of cases is 3 years, common for all civil legal relations, but it will not be counted from the date of divorce, as many lawyers are often mistaken, but from the date when the second spouse learned of the violation of his rights.

Example: If one of the spouses took measures for the voluntary division of property by contacting the former marriage partner and sending him a proposal for division, then the date of refusal to divide will be the beginning of the limitation period.

How to file a claim in court for the division of property during a divorce

Filing a claim for division of property is carried out in one of three ways:

1. By personal delivery of the claim and the entire package of documents to the court and its subsequent transfer to the court reception.
2. By sending a package of documents by registered mail via Russian Post or other courier organization.
3. By submitting documents through State Services, using the ESIA system by persons who have an electronic digital signature.

The most convenient way is to send documents by post. At a personal reception, you can often encounter abuses by court employees, and the electronic format of going to court has a number of legal and organizational shortcomings, and is not particularly widespread among citizens.

Where to submit

The claim for divorce is filed at the location of the defendant, unless real estate appears in the division of property.

• If the object of the dispute is real estate, the claim is filed at the location of this property.
• In the event that there are several real estate objects declared for division and they are all located in different cities, the claim is filed at the location of the majority (by value) of the real estate.

Which court?

Both magistrates and district courts deal with cases of division of joint property between spouses.

Where to file a claim for division of property?
To the world court

• The cost of the claim does not exceed 50 thousand rubles based on the share for each spouse;

To the district court

• The amount of property divided by the spouses exceeds 50 thousand rubles based on the share of each
• The claim for the division of property in an amount of less than 50 thousand rubles is accompanied by a requirement to determine the procedure for raising children or something else within the jurisdiction of the district court

If the division of common property is combined with a claim within the jurisdiction of the magistrate - for example, for divorce, then the claim in any case will need to be filed in the district court.

Exactly the same rule will be applied if, based on the amount of divisible property (less than 50 thousand), the claim must be filed with a magistrate, but the spouses simultaneously, during a divorce and division of property, resolve a dispute about children within the jurisdiction of the district court.

The statement of claim with all attached documents can be submitted either in person, arriving at an appointment in court, or by sending a package of documents by registered mail.

To exclude the influence of the human factor - not always motivated wishes to finalize the claim from court employees - it is recommended to send a package of documents by mail, having consulted in advance with a lawyer about its compliance with the requirements of the law.

Submission order (step-by-step algorithm)

Filing a claim is a complex of legally significant actions of a certain sequence.

• Drawing up a statement of claim for division of property;
• Collection and preparation of documents;
• Determination of the cost of the claim and payment of the state duty;
• Formation of a package of documents;
• Submitting documents to court;
• Elimination of deficiencies (if required)

The result of competently drawing up an application and collecting all the necessary documents will be the acceptance of the claim by the court. If there are any deficiencies, the statement of claim will have to be adjusted and submitted again.

Procedure

Compliance with the requirements of Art. Art. 131-132 of the Code of Civil Procedure of the Russian Federation - the main task when preparing and filing a claim for the division of property of spouses.

• Drawing up a claim and collecting documents. Since there are no legal requirements for the content of a claim for division of property, one must be guided by the general rules in Art. 131-132 Code of Civil Procedure of the Russian Federation. Particular attention must be paid to evidence - if any fact or document is mentioned in the claim, it must be attached to the application.
• Determining the cost of the claim and calculating the state duty. When determining the price of the claim, it is important to remember that it will be the value of the share of property claimed by the plaintiff, but not the value of the entire property as a whole. The state duty is calculated according to the rules established by Part 1 of Art. 333.19 of the Tax Code of the Russian Federation for property claims. Read more about the procedure for calculating it in the article “State duty for the division of property”
• Formation of a package of documents. Be sure to check out the apps! It is best to submit two complete sets of documents to the court: the original and copies for the defendant. According to the law, the defendant is sent those documents that he does not have, but the court should not be provoked into subjective judgments and enforcement. Just include another packet of copies.
• Filing a claim. Send the claim by mail with mandatory receipt of receipt. If you made any mistakes or shortcomings, you will receive an appropriate court ruling indicating all the shortcomings in a list. When submitting your deficiencies in person, you will be pointed out verbally and not always to the point.
• Correction of deficiencies. If mistakes or shortcomings are made and you receive a ruling to leave without moving, try to eliminate everything within the period specified by the court. If the determination was received a couple of days before the expiration, submit a request to extend the period, citing the date of actual receipt of the document.

A fairly simple procedure for filing a claim for division of property in court can result in a lot of problems if the requirements of the law are not observed and there is a generally permissive attitude towards the process of dividing property. Consult with lawyers in advance and reduce the risk of your claim being rejected.

IMPORTANT: A well-drafted claim is almost half the victory in court. Keep this in mind when drafting your own document!

How to correctly draw up a statement of claim to the court for the division of property

The requirements for the form of the statement of claim, as well as the list of documents attached to the claim, are prescribed in Articles 131-312 of the Code of Civil Procedure of the Russian Federation.

A typical claim for the division of marital property acquired during marriage must contain:

1. The name of the court in which the claim is filed and its address.
2. Names of the parties to the case and their other details: full name, registration and residence addresses, telephone numbers, email.
3. Information about the representative (if any).
4. The price of the claim and the amount of state duty (according to established practice, it is indicated after the list of parties on the right).
5. The circumstances of the dispute that served as prerequisites for the claim: the date of marriage, the period of marriage of the spouses, the composition of the acquired property;
6. Arguments and evidence confirming the legal status of joint property (including reference to legislation, practice);
7. Reasoned arguments for the proposed property division scheme (for example, why the car should be transferred to the husband, and the non-residential premises should be left to the wife);
8. Requirements for division, listed item by item, indicating the value of the property;
9. Request for seizure of property, if it is not stated in a separate petition;
10. Date, signature, list of attached documents.

In the claim, you can also write a petition for an independent assessment or a construction and technical examination for, for example, the actual division of a residential building with the determination of possible redevelopment configurations. But there is no need for this, since the list of questions for the expert will in any case be clarified at the court hearing and formalized by the court’s ruling ordering the examination.

Failure to comply with the requirements listed above will result in the claim being abandoned and further returned if all the court’s comments are not eliminated within the period set by the judge. That is why it is better to seek help from an experienced lawyer on the issue of drawing up a claim or get a free consultation from the lawyers on our website.

Documents for the claim

1. A copy of the applicant's passport;
2. Marriage certificate (copy) or divorce certificate (also copy);
3. Property documents (certificates of ownership; vehicle registration certificates; purchase receipts, etc.);
4. Receipt for payment of state duty;
5. A copy of the power of attorney (if a representative will participate in the case);
6. Petition to seize property (if any);
7. Other evidence: income certificates; certificates of place of residence, etc.

The list (inventory) of jointly acquired property may be included in a separate annex to the claim if the list is too large. In addition, the list of joint property can be signed by both spouses, thereby confirming the exhaustive list of property subject to division and their agreement with its legal status.

Sample claim for division of common property

• Below is an example of a claim for the division of joint property of spouses.

Please note that this document is for informational purposes only, the property in it is indicated as an example, while in real cases everything is much more confusing and complex. To competently draw up a claim (especially if there is a large amount of property and disputes over its status and division order), it is best to seek help from an experienced lawyer.

You can download a sample claim for editing using the link below.

Download a sample claim for division of marital property

State duty. Price

The state fee for a claim for division of property is paid in the amounts specified in Art. 333.19 of the Tax Code of the Russian Federation for property claims. That is, based on the value of the property to be divided.

In this case, you need to remember some features of paying the duty:

• The price of the claim, on the basis of which the plaintiff will calculate the state duty, includes only the value of his share in the property. If the object of the dispute is an apartment worth 2 million rubles, then the plaintiff must pay a fee calculated based on the claim price of 1 million rubles - i.e. 50% of the full price of the apartment due to the spouse;
• The defendant also pays a state fee, but based on the results of the consideration of the case and taking into account the value of the property awarded to him;
• If the value of the claim changes during the consideration of the case (including due to a revaluation of the value of the divisible property), the duty is also subject to recalculation. The missing part is paid in addition based on the results of the consideration of the case, and the overpaid part is subject to return.

Thus, when filing a claim, the plaintiff only needs to pay a fee, calculated based on the value of the share in the property required by him.

Limitation of actions

According to the general rule provided for by the Civil Code of the Russian Federation, the statute of limitations is three years from the moment when the party to the dispute learned or should have learned about the violation of its rights.

This rule is written down in Part 1 of Article 200 of the Civil Code of the Russian Federation. The starting point for the three-year period in cases of division of property is considered to be the moment of termination of marriage:

• the date of entry into force of the court decision on divorce;
• the date of entry by the civil registry office in case of extrajudicial divorce.

Sample for drawing up a statement of claim for division of property

Divorce is carried out in accordance with the law in court. During a divorce, either spouse has the right to file an application for division of jointly acquired property.

A statement of claim for the division of property between spouses is drawn up in accordance with the current procedural legislation and a standard sample application for the division of joint property of spouses.

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Divorce is carried out in accordance with the law in court. During a divorce, either spouse has the right to file an application for division of jointly acquired property.

A statement of claim for the division of property between spouses is drawn up in accordance with the current procedural legislation and a standard sample application for the division of joint property of spouses.

Only property acquired by spouses during marriage is subject to division.

Property acquired by each spouse before marriage, acquired during a gratuitous transaction (as a gift or by right of inheritance), as well as individual belongings of the spouses are not subject to division.

The plaintiff determines the value of the property to be divided in the application according to the current market value, taking into account depreciation.

A statement of claim for division of property is filed with the court at the place of residence of the defendant. In case of division of real estate, the application is submitted to the court at the location of the divided real estate. The issue of division of property is decided by the magistrate.

In the event that the amount of jointly acquired property of the spouses exceeds 50,000 (fifty thousand) rubles, the application is submitted for consideration to the district or city court.

In addition to physical property and real estate, property acquired as a result of entrepreneurial or other activities of the spouses is also subject to division.

For reference: If you have just decided to get a divorce, then look at how to correctly fill out a statement of claim for divorce. This is a very important document.

The division of joint property can be carried out either in accordance with a peace agreement drawn up between the spouses, where, according to a joint agreement, they each determine their share in the common property independently, drawing up a civil contract and securing it notarially, or during court proceedings at the request of one of the spouses.

During the trial, the share of each spouse in the common property is determined. When dividing, all documents proving the ownership of this or that property by one of the spouses are also taken into account. Spouses also pay a state duty, the amount of which is determined after calculating the total value of the spouses’ common property and is based on the Tax Code of the Russian Federation 333.19:

• up to 20,000 rubles - 4 percent of the claim price, but not less than 400 rubles;
• from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
• from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
• from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
• over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

If a property claim is filed that is not subject to assessment, then the state duty will be 300 rubles.

Payment of state fees when submitting an application

The state duty is paid by each spouse according to the share claimed by the plaintiff and defendant.

If the spouses have reached an amicable agreement regarding the division of property, the state fee is not paid.

However, in the case where the division of property under an agreement was made under coercion using threats and violence, such an agreement is declared invalid by the court.

In addition to a lawsuit on the part of one of the spouses, the division of property can be carried out on the basis of a statement of claim from third parties in the event that a third party claims a share of the property of one of the spouses under debt obligations, or the division of property is associated with the need to confiscate the property of one of the spouses in the event of sentencing him.

It is recommended that all requirements for division be put forward in the statement of claim initially. Clear formulation of requirements will help to avoid unnecessary financial costs and additional litigation.

When filing a claim, the following documents are attached to the application:

1. Marriage registration certificate or a copy thereof.
2. Notarized copies of children's birth certificates.
3. Receipt for payment of state duty.
4. Certificates of income from the place of work, or other documents confirming the income of the plaintiff and defendant (if the application indicates demands for payment of alimony).
5. A complete inventory of joint property to be divided.
6. Documents of the plaintiff and defendant confirming the ownership of the divided property.
7. A copy of the statement of claim.
8. Other documents required by the court.

The statement of claim of the approved sample must contain the following information in full:

• The initials of the magistrate and/or the full name of the court that is considering the application.
• Initials and residential address of the plaintiff-applicant.
• Initials and residential address of the second spouse acting as the defendant.
• The full amount of the claim price and (if any and necessary) the cost of the state duty.
• Data on the date and place of marriage registration and termination of cohabitation or joint activities.
• Availability of the defendant's consent to divorce, if any.
• Data about children: their number (children under the age of majority are taken into account), age and place of residence after divorce.

The text of the application must contain the following information:

• Description of the reasons for filing the claim.
• Evidence that the applicant is correct.
• Request for divorce of spouses.
• Indication of the need to pay alimony and a request for division of property.
• Signature of the plaintiff, date of filing the application.

• Below is an example and sample of a statement of claim for the division of property between spouses.
• ______________________________________
• (name of court)
• Plaintiff:________________________________
• (surname, initials, address of the plaintiff)
• Respondent:______________________________________
• (surname, initials, address of the defendant)
• Claim price:___________________________
• (full amount)
• STATEMENT OF CLAIM
• on divorce and division of joint property of spouses

Between me ___________ (full name of the plaintiff) and the defendant _____________ (full name of the defendant) “____” ________ ____ (date of marriage) a marriage was registered, the corresponding application for marriage is attached. From marriage we have ______ (number of children) common children ____________ (F.I.

O and age of the children), a copy of the birth certificate(s) is attached. We lived together and ran a common household (entrepreneurial activity) until “___” __________ _____. At the moment, we do not live together and do not conduct a common household (entrepreneurial activity).

Further cohabitation is impossible for the following reasons: (the reasons for the termination of the marital relationship between the plaintiff and the defendant are listed). The defendant, regarding the divorce (indicate the defendant’s attitude towards the divorce, whether consent has been given, etc.).

The issue of residence of minor children is resolved as follows: (indicate with whom the children will live after divorce)

Since a marriage contract was not concluded, a voluntary agreement on the division of property between the spouses was not reached, then, according to Article 39 of the Family Code of the Russian Federation, the shares of the spouses are recognized as equal and are subject to division.

According to the inventory of available property, I ask that the following property be recognized as belonging to the plaintiff (a list of property and supporting documents for the acquisition and ownership by the plaintiff are provided) in the amount of ________ rubles.

In favor of the defendant, I ask you to transfer the following property: (a list of property and supporting documents for the acquisition and ownership by the defendant is provided) in the amount of _______ rubles. according to the above description.

1. Due to the fact that the value of the property transferred into the ownership of the plaintiff is greater (less) than the value of the property transferred into the ownership of the defendant, I ask you to recover from the defendant (plaintiff) the amount of compensation for the excess value in the amount of ______ rubles.
2. Based on the above, guided by Articles 131-132 of the Code of Civil Procedure of the Russian Federation
3. ASK:

The marriage between ________________ and ________________ (full names of the plaintiff and defendant), registered by _________________ (name of the registration authority and date of registration of the marriage) is dissolved. Recognize the shares of jointly acquired property between the plaintiff and the defendant as equal.

• Divide the property as follows: (conditions for dividing property)
• I am attaching the following documents to the application:
• Date of application, signature.
• Familiarize yourself with the basic rules and subtleties of registration with our sample marriage contract.